Appeal hearing
September 5, 2009 | 20,00 EUR | answered by Andreas Scholz
My question would be the following. I have an appeal hearing on September 14th of this month. However, my neurologist will issue me a medical certificate stating that I am currently unable to attend this hearing. Will the court then have to reschedule the appointment and if so, for how long approximately? And my second question is, I have a court-appointed defense attorney whom I have terminated due to a lack of trust. I then hired a private defense attorney, but the court does not want to recognize him. What can I do in this situation? I would be very grateful for an answer. Best regards, Anette Rankl.
Dear questioner,
the court will reschedule the main hearing if you are proven to be unable to negotiate. It is up to the court to decide how much time the appointment will be postponed. You should ensure that the certificate clearly states when you are expected to be able to negotiate again. The court will take this prognosis into account when deciding on the date of the new appointment.
Regarding the defense attorney, you should find a new one who meets the requirements of § 138 StPO. The court will appoint a different mandatory defense attorney for you if it suspects that the rejection is intended to delay the proceedings.
I hope this information has been helpful to you. If you have any questions, please don't hesitate to ask.
Best regards,
Andreas Scholz, Attorney
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